IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 160 of 2024
Date of Decision: 24.01.2024
Amandeep Singh .....Petitioner.
Versus
State of H.P. …..Respondent.
Coram
Hon'ble Mr. Justice Bipin Chander Negi, Vacation Judge.
Whether approved for reporting?1
For the petitioner: Ms. Shikha, Advocate.
For the respondent: Mr. B.C.Verma and Mr. Rajan Kahol,
Additional Advocate Generals.
_________________________________________________________
Bipin Chander Neg i , Vacation Judge (oral)
Prayer in the present petition has been made for release of the
petitioner on interim bail for a period of ten days in order to enable him to
attend the wedding of his brother.
2. The petitioner has been arrested in FIR No. 150/2022 dated
27.10.2022, registered under Sections 302 and 34 of Indian Penal Code
and Section 27, 54 and 59 of the Arms Act, at Police Station Manpura,
District Baddi, H.P.
3. The grounds urged for interim bail are that his brother is
getting married and in the marriage ceremony of his brother, the
petitioner has to perform many customary rituals. Besides the aforesaid,
it has been stated that the present petitioner is 24 years old and during
the marriage of his brother he would help the family in making
arrangements for the marriage. Alongwith the petition, the wedding card
1 Whether reporters of Local Papers may be allowed to see the judgment?
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has been appended. A perusal of the same reflects that the marriage
functions shall commence from 04.02.2024 and end on 7.02.2024.
4. Keeping in view the aforesaid facts and attending
circumstances, I am inclined to grant interim bail to the petitioner for a
period of seven days commencing from 03.02.2024 and ending on
08.02.2024 by 4:00 P.M. The petition, therefore, is allowed and the
petitioner is ordered to be released on interim bail in the above
mentioned FIR for a period of one week, subject to his furnishing
personal bond in the sum of Rs. 2,00,000/-with one local surety in the
like amount to the satisfaction of the learned trial Court or any Sessions
Judge/Additional Sessions Judge having jurisdiction over the concerned
Police Station. Petitioner shall surrender before the concerned jail
authorities on or before 08.02.2024 by 4.00 P.M. The bail is being
granted subject to the following conditions:-
(i) Petitioner shall not tamper with the evidence or
hamper the investigation in any manner whatsoever;
(ii) Petitioner shall not make any inducement, threat
or promise, directly or indirectly, to the Investigating
Officer or any person acquainted with the facts of the
case to dissuade him/her from disclosing such facts
to the Court or any Police Officer;
(iii). Petitioner will not leave India.
(iv). Petitioner shall inform the Station House Officer
of the concerned police station about his place of
residence during bail. Any change in the same shall
also be communicated promptly. Petitioner shall
furnish details of his Aadhar Card, Telephone
Number, Mobile number, E-mail address, PAN Card,
Bank Account Number, if any, to the Station House
Officer.
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(v) Petitioner shall report at Police Station Manpura,
District Baddi, every alternate day at 11:00 A.M.
during the interim bail period.
(vi) Petitioner shall surrender himself before the
concerned jail authorities after completion of seven
days interim bail and under no circumstances later
than 8.2.2024 by 4.00 P.M.
5. It is clarified that the interim bail is being granted in the
projected facts of the case and will have no bearing on the merits of the
matter.
6. The petition stands disposed of in the above terms, so also the
pending miscellaneous applications, if any.
7. A copy of this order be sent to the Superintendent, Model
Central Jail, Kanda, District-Shimla, H.P.
8. The parties shall not insist upon for obtaining certified copy of
this order and shall download the same from the website of the High
Court. However, the Registry is directed to send copy of this order to
learned counsel for the parties through email subject to furnishing email
addresses by them, if so required.
(Bipin Chander Negi)
Vacation Judge
January 24, 2024
(Nisha)
Digitally signed by VANDNA
SHARMA
Date: 2024.01.24 18:03:42 IST